Fairfax Medical Marijuana Dispensary Due To Close Saturday

Jacob Bell

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The Marin Alliance for Medical Marijuana in Fairfax was expected to close Saturday and one, perhaps two, more of Marin County's six medical marijuana dispensaries will soon be shutting down.

The Marin Alliance, the state's oldest dispensary, has posted a sign at its 6 School St. storefront office announcing that the dispensary will shut down at 9 p.m. Dec. 17.

Melinda Haag, the San Francisco-based U.S. attorney for the Northern District of California, has threatened to confiscate the building the alliance is in unless its landlord, Farshid Ezazi of Orinda, evicts the collective. The Fairfax dispensary is among dozens statewide that federal prosecutors say they have targeted because of the dispensaries' proximity to parks, schools and other facilities used by children.

The Marin Wellness Center, a dispensary at 1100 Sir Francis Drake Blvd. in Kentfield, also will cease operations by Jan. 1, said Scot Candell, a San Rafael lawyer who represents the center and two other Marin dispensaries: the Green Tiger Collective at 7586 Redwood Blvd., Suite D, in Novato; and Marin Holistic Solutions at 200 Tamal Plaza in Corte Madera. Candell said there is no change in the status of those two dispensaries.

Candell said the Marin Wellness Center is also closing because of pressure from federal prosecutors. He said the center's landlord received a threatening letter from the federal government near the end of November.

"Under state law it's not a problem that they are across from the College of Marin," Candell said. He said that's because the state defines a school as kindergarten through 12th grade.

"However, under federal law, colleges and universities are included as schools," he said. "So under federal law they're too close to a school."

Unlike the Marin Alliance, the Marin Wellness Center has chosen not to fight to remain open.

"No, it was very friendly," Candell said. "No one wants the landlord to get in trouble." He estimates the center is providing medical marijuana to about 1,500 patients.

"I don't know what they're going to do for their medicine," he said.

A third dispensary, the Green Door Wellness Education Center, situated next to the Green Tiger at 7586 Redwood Blvd., Suite C, is battling an eviction proceeding brought by its landlord, David Cesena. The Green Door's operators are awaiting a Marin Superior Court judge's decision after a one-day trial on the eviction this week, said Jeff Moss, the Green Door's attorney.

Moss said the Green Door is not among the dispensaries that the federal government has targeted. But Novato City Attorney Jeffrey Walter said last month that both Novato dispensaries are prohibited under city zoning rules. Walter said the city had asked their landlords to remove them and if they don't the property owners could face civil prosecution by the city.

Robert Weems, the attorney for the Marin Alliance's landlord, said the Marin Alliance's operator, Lynnette Shaw, is continuing to contest the dispensary's eviction in court. But Weems said Shaw has told his client, Ezazi, that she will vacate the premises on Saturday.

"So we're waiting to see if that in fact happens," Weems said. Shaw could not be reached for comment.

The federal government began the process of confiscating the School Street building on Nov. 18, even though Ezazi had already initiated court action to evict the Marin Alliance. Ezazi is hoping the government will let him keep the building if he succeeds in removing the Marin Alliance.

Candell said, "The unfortunate thing about this is that when collectives close, black market marijuana sales rise. There are lots of ways that people are going to get their marijuana."

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Source: Fairfax medical marijuana dispensary due to close Saturday; Kentfield dispensary will close by Jan. 1 - Marin Independent Journal
 
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